3/10/2024 0 Comments Charlottesville witness statements17.8 Is There a Way to Gain the Information My Attorney Needs Without the Expense of Discovery? It is important that your attorney tailor his or her approach to the specific issues and disputes in your case, and your preferences. For example, if there is $100,000 or custody in dispute, it makes sense to be willing to spend more time and money than if only $5,000 or a minor visitation issue were in dispute. It is important to work with your attorney throughout your divorce case to make sure that appropriate cost/benefit decisions are being made. Your concern is legitimate as discovery can be very expensive. In most divorce cases each side needs information from the other in order to analyze settlement options and to prepare for trial. 17.7 My Lawyer Insists That We Conduct Discovery, but I Don’t Want to Spend the Time and Money on It. Once a trial is scheduled, it is common for a scheduling order to be entered by the judge providing time limits for the completion of discovery. This varies from case to case as there is no fixed duration provided by the Rules of the Supreme Court of Virginia. 17.6 How Long Does the Discovery Process Take? ![]() For example, your attorney may decide to send a subpoena duces tecum to your spouse’s employer to obtain his employment contract, benefit information, and specific work schedule. This discovery device is similar to a request for production of documents, but a request for production is sent to a party to the case, and a subpoena duces tecum is sent to a nonparty. 17.5 What Are Subpoenas Duces Tecum?Ī subpoena duces tecum is a document prepared by one of the attorneys that is sent to a person or a company requiring the production of documents relevant to the case. It is not unusual for both parties, and sometimes others, to be are deposed on the same day. The person being deposed has to swear or affirm at the beginning of the process that he or she will tell the truth. 17.4 What Are Depositions?Ī deposition is a means of discovery in which the parties and their counsel meet at the office of one of the attorneys, with a court reporter present, and the attorneys question the person being deposed while the court reporter records the questions and the answers. Requests for admission are in writing, and the other party has to respond in writing within twenty-one days. For example, if the other party admits the value of the marital home (agrees with you) then an appraisal is not necessary and that issue is resolved. This is often a good way to narrow issues for trial. For example, your attorney may send a request to the other party asking him or her to admit the value of marital assets. 17.3 What Are Requests for Admission?Įither attorney may send requests for admission to the other party requiring him or her to admit or deny certain statements relevant to the case. The party receiving the requests is required to respond within twenty-one days, and to produce those documents in his or her possession or control. ![]() Each party is allowed to send to the other side written requests for documents relevant to the issues in the case. In most cases each side has documents that the other side needs to review to analyze settlement and to prepare for trial. ( Under oath means that the party providing the answers must appear before a notary and swear or affirm that the answers are true.) 17.2 What Are Requests for Production of Documents? The party receiving the interrogatories is required to provide, within twenty-one days, written answers under oath. Interrogatories are written by the attorneys and typically sent in a set of one or two dozen questions. For example, if you don’t know how much your spouse earns, your attorney can send him an interrogatory requesting that information. Interrogatories are written questions that each party is allowed to send to the other party. Please note that these discovery options are only available once a complaint has been filed instituting a divorce case in the court. This chapter will answer your questions regarding interrogatories, requests for production of documents, requests for admission, depositions, and subpoenas duces tecum. The Rules of the Supreme Court of Virginia provides for the process of discovery for parties in a lawsuit (including a divorce case) to gain information from each other and from third parties pertaining to the issues in the lawsuit.
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